Zango Files Reply Brief in Zango v. Kaspersky
By Eric Goldman
Zango has filed its reply brief in Zango v. Kaspersky [warning: 3+ MB file]. Some points that caught my attention:
* the brief starts out by quoting one of Kozinski’s unfortunate rhetorical detours in Roommates.com that 230 wasn’t intended to create a lawless no-man’s land on the Internet. I’m sure some Zango haters would note the irony of Zango thinking this language benefits them. From my perspective, this is just another example of plaintiffs cutting and pasting pieces of the Roommates.com opinion to try to bolster their case.
* the brief doesn’t acknowledge the existence of the significantly adverse e360insight case. Zango wasn’t required to cite it, but the CDT brief did mention it, and I expect this precedent to figure prominently in the ruling.
* I thought this was an interesting statement (on page 19 of the PDF): “Notwithstanding the overheated protestations of Kaspersky and the holier-than-thou ideologues that it relies upon, millions of people find Zango not only acceptable, but desirable.”
The case library:
* Kaspersky’s answering brief [warning: 5MB file].
* Zango’s appeal brief [warning: 2.1MB file]
* Kaspersky’s Response to TRO Motion
* Zango’s TRO motion